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Budi Parmono
Program Pascasarjana, Magister Hukum, Universitas Islam Malang

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Legal Protection for Wives in Joint Property Division After Divorce Mutiara Far'h Riasya; Moh. Muhibbin; Budi Parmono
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13048

Abstract

General Background: The division of joint property following divorce remains a central issue in Indonesian family law, particularly under the normative framework of the Marriage Law and the Compilation of Islamic Law, which traditionally emphasize equal distribution. Specific Background: In practice, rigid application of a 50:50 division often fails to address situations where one spouse bears a dominant economic role, especially in cases involving wives as primary breadwinners. Knowledge Gap: There is limited doctrinal clarity on how courts should reconcile formal equality norms with factual disparities in economic contribution within marriage. Aims: This study aims to analyze legal protection for wives in joint property disputes where husbands fail to contribute economically, as reflected in Blitar Religious Court Decision Number 1560/Pdt.G/2023/PA.BL. Results: Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that the court allocated 80% of joint property to the wife and 20% to the husband, based on evidence of the wife’s exclusive financial contribution and the husband’s failure to fulfill economic obligations. Novelty: The decision demonstrates judicial recognition that justice in joint property division need not follow a mathematical formula, but may adopt proportional distribution grounded in substantive justice. Implications: This ruling provides an important precedent for strengthening legal protection for wives, affirming that factual economic contributions and vulnerability after divorce must guide equitable resolution of joint property disputes in Indonesian religious courts. Highlights: Judicial reasoning prioritized factual economic roles over formal equal-sharing norms. Proportional allocation was grounded in evidence of exclusive financial responsibility. The ruling strengthens doctrinal support for equity-based asset distribution in divorce cases Keywords: Joint Property, Legal Protection for Wife, Divorce, Economic Contribution, Court Decision.
Executive–Legislative Relations in Appointing the Indonesian National Police Chief Hisyam Hisyam; Rahmatul Hidayati; Budi Parmono
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13052

Abstract

General Background The post-amendment 1945 Constitution establishes Indonesia as a presidential system with the President holding supreme executive authority, supported by a framework of checks and balances. Specific Background Within this framework, Article 11 paragraph (1) of Law No. 2 of 2002 requires approval from the House of Representatives in appointing the Chief of the Indonesian National Police, generating sustained constitutional and theoretical debate. Knowledge Gap Existing discussions have not sufficiently clarified whether this approval mechanism constitutes a limitation on presidential authority or operates as a confirmation instrument consistent with presidentialism. Aims This study aims to examine the conformity of the DPR approval requirement with presidential system principles under the 1945 Constitution and to analyze its implications for presidential executive authority. Results Using normative legal research with legislative, conceptual, and historical approaches, the study finds that DPR involvement functions as a confirmation power within the checks and balances mechanism rather than a transfer or reduction of executive authority. Novelty The study demonstrates that the approval mechanism preserves the President’s role as the sole proposer of candidates while situating legislative participation within constitutionally justified oversight. Implications These findings affirm that DPR approval strengthens public accountability and institutional legitimacy without altering the fundamental structure of Indonesia’s presidential system, thereby supporting constitutional consistency and governance stability. Highlights: DPR participation operates as a confirmation mechanism rather than an appointment authority. Presidential control over national security leadership remains constitutionally intact. Legislative involvement contributes to accountability and institutional legitimacy. Keywords : Presidential System, Checks and Balances, DPR Approval, Executive Authority, Police Chief Appointment